McIntosh v Araf Capital Funding Pty Limited [2004] NSWCA 280

New South Wales Court of Appeal

CITATION : McIntosh v Araf Capital Funding Pty Limited [2004] NSWCA 280 HEARING DATE(S) : 17 August 2004 JUDGMENT DATE : 17 August 2004

JUDGMENT OF : Tobias JA at 1; Ipp JA at 16; Sheller JA at 15 DECISION : 1. Leave to Appeal refused; 2. Summons for Leave dismissed with costs

CATCHWORDS : APPEAL - Alleged error of law in Local Court decision pursuant to s 69(2) Local Courts (Civil Claims) Act 1970 - on appeal firstly to Supreme Court Master - 1) whether a loan contract debt settlement agreement had been finalised between claimant (and claimant's son) and opponent or whether this finding was an error of law - 2) whether claimant's son had (actual or ostensible) authority to enter into settlement agreement on behalf of the claimant or whether this was an error of law - appeal dismissed by Supreme Court Master holding that the Magistrate below did not err in law as to either finding - appeal from Master's decision to Court of Appeal on authority issue - appeal dismissed with costs as inter alia claimant's son had actual and or ostensible authority including power of attorney at the relevant times - judgment debt was paid (with interest) therefore opponent has no further interest in the proceedings. LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 CASES CITED : Masters v Cameron (1954) 91 CLR PARTIES : Rex McIntosh Araf Capital Funding Pty Limited (formerly Australian Rural & Agricultural Finance Pty Limited) FILE NUMBER(S) : CA 40900/03 COUNSEL : C: In person O: Mr David Pritchard C: Hopgood Ganim SOLICITORS : by their Sydney agent Kemp Strang, Sydney O: Garland Hawthorn Brahe